Itta/105/2013 Of Commissioner Of Income Tax - Ii v. M/S. Intelligroup Asoa Pvt. Ltd

IN THE HIGH COURT OF JUDICATURE, ANDHRAPRADESH AT HYDERABAD WEDNESDAY, THE TWENTY SIXTH DAY OF JUNETWO THOUSAND AND THIRTEEN PRESENT THE HON’BLE THE CHIEF JUSTICESRI KALYAN JYOTI SEN GUPTA AND THE HON'BLE MS. JUSTICE G.ROHINI I.T.T.A. No.105 OF 2013 Between: Commissioner of Income Tax-IIHyderabad. ..... Appellant AND M/s. Intelligroup Asia Pvt Ltd.,Plot NO. 18, Software Units Layout,Madhapur, Hyderabad. .....Respondent The Court made the following : JUDGMENT:(per the Hon’ble the Chief Justice Sri K.J. Sengupta) This appeal is preferred by the Revenue in relation tothe assessment year 2001-2002 in connection with ITA No.863/Hyd/2010, on the following suggested questions of law:a.Whether on the facts and in the circumstances of the case, the Appellate Tribunal is justified in holdingthat there is no failure on the part of the assessee todisclose fully and truly all the material facts in spite ofthe assessee making a deliberate claim for deductionunder Sec.10A of Income Tax Act on clearlyinadmissible items? b.Whether on the facts and in the circumstances ofthe case, the Appellate Tribunal is justified in holdingthat there is no failure on the part of the assesseedespite the fact that Explanation 1 to Section 147 ofIncome Tax Act clearly prescribing that mereproduction of books of accounts would not amount totrue and full disclosure? We have heard the learned counsel for the appellantand gone through the impugned judgment and order. Thelearned Tribunal held that the pre-conditions for invokingSection 147 of the Income Tax Act are not fulfilled. Theassessment was sought to be reopened admittedly afterexpiry of four years. When the pre-conditions for reopeningare not satisfied, reopening of assessment after expiry offour years is invalid, which the learned Tribunal has rightlyconcluded. We do not find any reason to differ from thefinding of the Tribunal. Consequently, the appeal isdismissed. No order as to costs. _______________________ Kalyan Jyoti Sengupta, CJ. __________ G.Rohini, J.